Protecting Privacy in High-Profile Abuse Settlement Cases
Privacy in abuse settlements is something that is rarely talked about.
Survivors have to make a choice. They can come forward and risk public exposure. Or they can stay silent and accept confidentiality provisions that may benefit the abuser.
Here’s the thing…
Privacy considerations can be the difference between obtaining justice or not for abuse survivors. With the rise in abuse settlements and media attention, it’s important to know how privacy works in these cases. This guide will help you understand the options if you’re considering filing a claim.
What you’ll learn:
- Why Privacy Matters in Abuse Settlements
- How Confidentiality Agreements Work
- Legal Protections for Survivors
- The NDA Debate Explained
- Tips for Protecting Your Identity
Why Privacy Matters in Abuse Settlements
Abuse cases are unique. The personal trauma and vulnerability involved means privacy is critical for survivors seeking compensation.
Here’s the reality:
The truth is, many survivors never come forward because they’re afraid of public exposure. They worry about having their names released in court documents. They’re anxious about their family and friends learning details.
These fears are understandable and justified.
When researching the average priest abuse settlement, one of the first things you’ll notice is that many settlements include confidentiality provisions. These are legal terms that prevent the survivor’s identity from being revealed during the legal process.
But privacy in abuse settlements is more than just concealing names.
Privacy is about survivors having the ability to pursue justice without additional harm. The courts have recognized this and that’s why so many will allow abuse survivors to file under pseudonyms like “John Doe” or “Jane Doe.”
For example, the total amount of abuse settlements paid by US Catholic dioceses has surpassed $5 billion since 2004. The majority of these cases included strict confidentiality provisions.
How Confidentiality Agreements Work
Confidentiality agreements are standard in abuse settlement cases. But they’re not what you might expect.
Let me explain:
A confidentiality agreement is a legal contract between the parties. It spells out what information is shared and what stays private. In abuse cases, this agreement will typically cover the following details:
- Settlement amount
- Specifics of the alleged abuse
- Names of parties involved
- Institutional response to the complaint
- Findings of investigations
The good news?
Survivors are often in more control of the terms than they think. Most confidentiality agreements are negotiable. An experienced attorney can help shape the confidentiality terms to benefit the survivor.
Important note: Confidentiality works both ways. It can shield survivors from unwanted publicity. But it can also be used to silence the victims and hide abusers from public view.
This double-edged sword has been the source of major controversies in recent years.
Legal Protections for Survivors
The legal system does offer several privacy protections for abuse survivors. These have expanded greatly over the last decade.
Here’s what survivors should know:
Courts will often allow the use of pseudonyms. Survivors can commonly file as a “Jane Doe” plaintiff in court filings. Their real name is kept out of public documents.
Sealed records are an option. Judges can also seal records in sensitive cases. This means the media and general public can’t access the court documents.
Therapy and medical records are also generally protected. Attorney-client privilege extends to discussions between the survivor and their lawyer.
But here’s the kicker…
Survivors have to specifically request these protections. The legal system doesn’t just automatically grant these privileges. An attorney who is well-versed in abuse cases can help ensure privacy is protected.
Estimates show between 33% and 57% of workers in the US are covered by some form of NDA. This shows how common these agreements have become across all types of legal settlements.
The NDA Debate Explained
NDAs in abuse settlements have become very controversial in recent years. And for good reason.
The debate comes down to this:
On one side are the privacy rights of survivors. NDAs allow individuals to receive compensation without public exposure. Some survivors also have genuine desires for their stories to remain private.
On the other side are the cover-ups that NDAs enable. Serial abusers are able to stay in positions of power and keep committing abuse. Future potential victims have no warnings to protect them.
Here’s what’s changing:
The Speak Out Act passed in 2022. This prohibits NDAs from being signed before an incident of sexual harassment or assault takes place.
California recently banned NDAs from being used in abuse settlement cases. The survivor must specifically request confidentiality to be included.
UK law now voids NDA provisions that “prevent a victim from reporting a relevant crime or alleged crime to the police or reporting service, or from accessing any support service”. This goes into effect under the Victims and Prisoners Act 2024.
The trend is clear:
Legislators are starting to balance privacy with transparency. The goal is to create survivor-focused laws. Protect the privacy of those who want it while exposing institutions and abusers that use NDAs to silence victims.
Tips for Protecting Your Identity
Considering filing an abuse settlement? Here are a few tips to keep your identity private:
Work with the right attorney. Don’t just work with any lawyer. Find an experienced attorney who has a track record with abuse cases. They will be more sensitive to privacy concerns and know the right procedures.
Discuss confidentiality early. Don’t wait until the last minute. Have a conversation with your attorney about privacy options before filing anything. Get an understanding of what is possible.
Understand your options. Know all the options available to you. “Doe” plaintiffs is common and accepted. Sealed records are an option in many jurisdictions. Confidentiality provisions are non-monetary items in a settlement.
Consider the long-term implications. Don’t just think about the present. Some survivors later regret not being able to speak about their cases. Others later want to share their stories. Conversely, some value permanent privacy. Think long-term.
Know your rights. Be aware that you cannot be legally prevented from speaking about criminal conduct. The new laws protect the rights of victims to speak to therapists, law enforcement, and support services.
Document everything privately. Keep all your personal records in a safe place. Use encrypted communication methods when discussing sensitive information.
Trust your gut. If something feels off about a settlement’s confidentiality terms, speak up. These legal agreements are to be in your best interest. Raise any concerns with your attorney.
Tying It All Together
Privacy in abuse settlements is complicated. There’s not a one-size-fits-all approach.
What might be right for one survivor could be completely wrong for another. Some survivors need public shaming to be part of their justice. Others need confidentiality to heal.
Key takeaways:
- The court system offers several options for protecting survivor privacy
- Confidentiality agreements are generally negotiable
- Laws have been and are being passed to prevent silence from NDAs
- An experienced attorney is key for making informed decisions
- Survivors often have more control than they realize
The legal system is still evolving and adapting. Most states are following the lead of California and enacting laws that simultaneously protect privacy for survivors while eliminating the ability for institutions to use NDAs to cover up their crimes.
If you’re thinking about filing an abuse claim, make sure to educate yourself on the privacy aspects. Do your own research into your state’s laws. Seek out an attorney who you know will have your back.
